Drug enforcement policies that deter women from seeking prenatal care are contrary to the welfare of the mother and fetus. Incarceration and the threat of incarceration have proved to be ineffective in reducing the incidence of alcohol or drug misuse. Obstetrician–gynecologists should be aware of the reporting requirements related to alcohol and drug misuse within their states. They are encouraged to work with state legislators to retract legislation that punishes women for substance misuse during pregnancy.